Data · checked 4 November 2026
Comparative negligence by state
If you were partly to blame, the place where the accident happened decides how much your claim is cut, or whether it is barred. See each state's rule, then try your own numbers.
We're not a law firm and no lawyer has reviewed this page. It's general information, not legal advice. How we check the data.
Pure comparative states cut your award by your share of the blame, however large. Modified states bar you completely once you pass 50% or 51%. Canada and the UK apportion damages by fault with no cut-off. Below, states are coloured only where we have confirmed the rule in the statute.
- Pure comparative (6)
- Modified, 50% bar (7)
- Modified, 51% bar (22)
- Still checking (includes other rule types) (16)
Try a fault split with your own numbers
Rule by place
| Alabama | Checking |
|---|---|
| Alaska | Pure comparativeAlaska Stat. § 09.17.060 · as of 4 November 2026 |
| Arizona | Pure comparativeA.R.S. § 12-2505 · as of 4 November 2026 |
| Arkansas | Checking |
| California | Checking |
| Colorado | Modified (50% bar)C.R.S. § 13-21-111(1) · as of 4 November 2026 |
| Connecticut | Modified (51% bar)Conn. Gen. Stat. § 52-572h(b) · as of 4 November 2026 |
| Delaware | Modified (51% bar)10 Del. C. § 8132 · as of 4 November 2026 |
| District of Columbia | Checking |
| Florida | Modified (51% bar)Fla. Stat. § 768.81(6) · as of 4 November 2026 |
| Georgia | Checking |
| Hawaii | Modified (51% bar)HRS § 663-31(a) · as of 4 November 2026 |
| Idaho | Modified (50% bar)Idaho Code § 6-801 · as of 4 November 2026 |
| Illinois | Modified (51% bar)735 ILCS 5/2-1116 · as of 4 November 2026 |
| Indiana | Modified (51% bar)Ind. Code § 34-51-2-6 · as of 4 November 2026 |
| Iowa | Modified (51% bar)Iowa Code § 668.3(1) · as of 4 November 2026 |
| Kansas | Modified (50% bar)K.S.A. 60-258a(a) · as of 4 November 2026 |
| Kentucky | Pure comparativeKRS 411.182(1), (3) · as of 4 November 2026 |
| Louisiana | Modified (51% bar)La. Civ. Code art. 2323(A)(2) · as of 4 November 2026Since 1 January 2026 (Acts 2025, No. 15); before that, pure comparative fault |
| Maine | Modified (50% bar)14 M.R.S. § 156 · as of 4 November 2026 |
| Maryland | Checking |
| Massachusetts | Modified (51% bar)M.G.L. c. 231, § 85 · as of 4 November 2026 |
| Michigan | Modified (51% bar, non-economic damages)MCL 600.2959 · as of 4 November 2026 |
| Minnesota | Modified (51% bar)Minn. Stat. § 604.01, subd. 1 · as of 4 November 2026 |
| Mississippi | Checking |
| Missouri | Checking |
| Montana | Modified (51% bar)MCA § 27-1-702 · as of 4 November 2026 |
| Nebraska | Modified (50% bar)Neb. Rev. Stat. § 25-21,185.09 · as of 4 November 2026 |
| Nevada | Checking |
| New Hampshire | Modified (51% bar)RSA 507:7-d · as of 4 November 2026 |
| New Jersey | Modified (51% bar)N.J.S.A. 2A:15-5.1 · as of 4 November 2026 |
| New Mexico | Checking |
| New York | Pure comparativeN.Y. CPLR 1411 · as of 4 November 2026 |
| North Carolina | Checking |
| North Dakota | Modified (50% bar)N.D.C.C. § 32-03.2-02 · as of 4 November 2026 |
| Ohio | Modified (51% bar)Ohio Rev. Code § 2315.33 · as of 4 November 2026 |
| Oklahoma | Modified (51% bar)23 O.S. § 13 · as of 4 November 2026 |
| Oregon | Modified (51% bar)ORS 31.600(1) · as of 4 November 2026 |
| Pennsylvania | Modified (51% bar)42 Pa.C.S. § 7102(a) · as of 4 November 2026 |
| Rhode Island | Pure comparativeR.I. Gen. Laws § 9-20-4 · as of 4 November 2026 |
| South Carolina | Checking |
| South Dakota | Slight/gross comparativeSDCL § 20-9-2 · as of 4 November 2026 |
| Tennessee | Checking |
| Texas | Modified (51% bar)Tex. Civ. Prac. & Rem. Code § 33.001 · as of 4 November 2026 |
| Utah | Modified (50% bar)Utah Code § 78B-5-818(2) · as of 4 November 2026 |
| Vermont | Checking |
| Virginia | Checking |
| Washington | Pure comparativeRCW 4.22.005 · as of 4 November 2026 |
| West Virginia | Modified (51% bar)W. Va. Code § 55-7-13c(c) · as of 4 November 2026 |
| Wisconsin | Modified (51% bar)Wis. Stat. § 895.045(1) · as of 4 November 2026 |
| Wyoming | Modified (51% bar)Wyo. Stat. § 1-1-109(b) · as of 4 November 2026 |
| Alberta | Apportioned by degree of faultContributory Negligence Act, R.S.A. 2000, c. C-27, s. 1 · as of 4 November 2026 |
| British Columbia | Apportioned by degree of faultNegligence Act, R.S.B.C. 1996, c. 333, s. 1 · as of 4 November 2026 |
| Manitoba | Apportioned by degree of negligenceThe Tortfeasors and Contributory Negligence Act, C.C.S.M. c. T90, s. 4 · as of 4 November 2026 |
| New Brunswick | Apportioned by degree of faultContributory Negligence Act, R.S.N.B. 1973, c. C-19, s. 1(1) · as of 4 November 2026 |
| Newfoundland and Labrador | Apportioned by degree of faultContributory Negligence Act, R.S.N.L. 1990, c. C-33, s. 2(1) · as of 4 November 2026 |
| Nova Scotia | Apportioned by degree of faultContributory Negligence Act, R.S.N.S. 1989, c. 95, s. 3(1) · as of 4 November 2026 |
| Northwest Territories | Checking |
| Nunavut | Checking |
| Ontario | Apportioned by degree of faultNegligence Act, R.S.O. 1990, c. N.1, s. 3 · as of 4 November 2026 |
| Prince Edward Island | Checking |
| Quebec | Checking |
| Saskatchewan | Checking |
| Yukon | Checking |
| England | Damages reduced to a just and equitable extentLaw Reform (Contributory Negligence) Act 1945, s. 1(1) · as of 4 November 2026 |
| Wales | Damages reduced to a just and equitable extentLaw Reform (Contributory Negligence) Act 1945, s. 1(1) · as of 4 November 2026 |
| Scotland | Damages reduced to a just and equitable extentLaw Reform (Contributory Negligence) Act 1945, ss. 1(1) and 5 · as of 4 November 2026 |
| Northern Ireland | Damages reduced to a just and equitable extentLaw Reform (Miscellaneous Provisions) Act (Northern Ireland) 1948, s. 2(1) · as of 4 November 2026 |
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Common questions
What is comparative negligence?
It is the rule that reduces your compensation by your own share of the blame. If you were 20% at fault, a pure comparative rule cuts your award by 20%.
What is the difference between the 50% and 51% bar?
Under a 50% bar you recover nothing if you are 50% or more to blame. Under a 51% bar you recover nothing only if you are more than 50% to blame, so an even 50/50 split still lets you recover half.
Which states use pure comparative fault?
Of the states we have verified: Alaska, Arizona, Kentucky, New York, Rhode Island and Washington. Others are still being checked.
How does it work in Canada and the UK?
Courts split liability by each side's degree of fault and reduce damages to match, with no cut-off point. In England and Wales the Law Reform (Contributory Negligence) Act 1945 lets the court reduce damages by what it thinks is just and equitable.
Who decides my percentage of fault?
At first the insurers argue about it using the police report, photos, witness statements and vehicle data. If the claim goes to court, a judge or jury decides.
Updated 4 November 2026. General information, not legal advice.